The 2020 ATA Conference has shifted to an all-virtual format in view of the coronavirus pandemic. You can learn all about it at https://ata61.org.

Here are our scheduled sessions:

Thursday, October 22 2:00–3:00 p.m. EDT:

(008) Translation and Performance: The Korean Sijo, Part I

This session will focus on the sijo in Korean literary and cultural history, its oral mode of transmission, and the sijo as a written and published form in modern Korean literature. Three 16th-century Korean-language sijo texts will be examined for their uses of language, voice, and gesture. Time will be provided for attendees to try their hand at translating one of the poems.

David McCann, Korean Language Division Distinguished Speaker, presenting in English w/Korean examples, all Levels
Hashtag: #ATA61Sijo

Thursday, October 22 3:30–4:30 p.m. EDT:

(018) Translation and Performance: The Korean Sijo, Part II

The session will focus on the sijo as a verse form in English. The speaker will share some of his own as well as others’ sijo poems published in a sijo journal. Attendees will then try writing and sharing their own sijo.

David McCann, Korean Language Division Distinguished Speaker, presenting in English w/Korean examples, all Levels
Hashtag: #ATA61Sijo

Saturday, October 24 3:30–4:30 p.m. EDT:

(108) Translating into Hollywood: A Case Study of the Oscar-Winning Film Parasite

Parasite, by Korean writer/director Bong Joon-ho, is the first non-English-language film to win the Best Picture Oscar. Linguistically and culturally, English and Korean share little common ground. Yet this “very Korean film,” as Bong describes it, strongly resonates with global audiences. It’s a universal saga of rich versus poor, but what makes Parasite unique? A crucial element of its success is the exceptional quality of its English subtitles, which enable the audience to surmount the dreaded “one-inch-tall barrier” and appreciate the work on its own terms. In this session, the film’s subtitling will be analyzed and potential improvements explored.

Elena Chang, presenting in English and Korean, all Levels
Hashtag: #ATA61Xl8Parasite

What does the KLD have in store?

Conference sessions have been approved, and the KLD has the opportunity of having five sessions this year!

North Korean Refugees: Navigating the unique interpretation challenges posed by 70 years of separation
by Hannah Song, Distinguished Speaker, with Jennifer An

Abstract: For decades the narrative on North Korea has been dominated by Kim Jong-un and nuclear weapons, but an increasing number of North Korean refugees are beginning to raise their voices and share their stories. Interpreters play a vital role in effectively communicating these powerful stories to the international community, but 70 years of separation between North and South Korea has led to critical differences in language and culture. Attendees will gain a better understanding of the North Korean human rights and refugee crisis and the unique challenges of interpreting for this population.

Hannah Song is president and chief executive officer of Liberty in North Korea. She joined Liberty in 2006 as deputy director, managing day-to-day operations and coordinating overseas programs. She is responsible for developing Liberty’s new mission, focusing on building international support for the North Korean people, providing direct assistance to North Korean refugees, and developing long-term, people-focused strategies to accelerate positive change inside the country. Previously, she worked in advertising at OgilvyOne, focusing on digital media and emerging technologies. She is a 2008 Network of Korean-American Leaders fellow from the University of Southern California’s School of Social Work, and a 2016 Ashoka Korea fellow.

Jennifer An is a freelance Korean to/from English conference interpreter and translator based in the San Francisco Bay Area. She has been interpreting and translating since 2004, with a particular focus on North Korean human rights, patents, and international relations issues. She works as a contractor for the U.S. Department of State and with private and corporate clients. She has a BA in comparative literature from the University of California, Berkeley and an MA in conference interpreting from the Middlebury Institute of International Studies at Monterey.

Status Update on ATA Certification Exam (English to/from Korean)
by Jisu Kim & Vania Haam

Abstract: This session will provide a brief overview and status update on the Korean-language certification process for both English>Korean and Korean>English translators who are planning to take ATA’s certification exam in the near future. The language chairs for both directions will introduce attendees to the types of texts used on the exams and the grading guidelines. They will also answer questions about policies, procedures, and provide tips on how to prepare for the exam.

Jisu Kim is a professional Korean>English interpreter and translator with more than 15 years of experience working with clients across a wide range of industries, including law, technology, media, finance, government, and medical interpreting/translation. The co-founder and past administrator of ATA’s Korean Language Division (KLD), she is currently serving as chair of KLD’s Conference Committee and as a member of the work group to establish English>Korean certification within ATA’s Certification Program. She is a state-certified court interpreter (New York), a contract translator for the U.S. Department of State, and holds a security clearance with the Department of Homeland Security.

Vania Haam is a state-certified (Washington) court interpreter and a contract interpreter for the U.S. Department of State. She specializes in criminal and civil litigation and conference interpreting on a wide range of subjects. She served as the first administrator of ATA’s Korean Language Division for two terms, on the board of directors for the Washington State Court Interpreters and Translators Society for three terms, and on the Conference Committee for the National Association of Judiciary Interpreters and Translators. She is the head of the work group to establish Korean>English certification within ATA’s Certification Program.

Pharmaceutical Clinical Study-Related Korean to English Translation Field and Fundamentals
by Carl Sullivan

Abstract: Pharmaceutical clinical study-related translation makes up a considerable portion of high-demand Korean>English jobs, but there has been virtually no professional focus in this area. Drawing the latest reference materials, this session will focus on basic terminology, including terms covered under industry guidelines (e.g., International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human Use). Sample clinical trial drug-related translations will also be discussed. Attending this session will provide a great start for someone interested in approaching this specialized area, or a refresher for those more advanced.

Carl Sullivan is a Japanese>English and Korean>English translator and Japanese>English interpreter with an extensive and diverse background as former a professor, U.S. naval officer, and international businessman. With his wife Masae, he has owned and operated MasaCa Translation Services for 19 years. He specializes in pharmaceutical, patent, business, military, and medical translation. He served as administrator of ATA’s Japanese Language Division, and is active in both the Korean and Japanese Language Divisions

Translating Hollywood: The Limits of Localization
by Elena Chang

Abstract: English and Korean share little common ground, both linguistically and culturally. This is why finely nuanced localization is critical when adapting films for a Korean audience. Korean cultivates elaborate honorifics to serve a rigid, hierarchical social structure. But U.S. creative works embrace egalitarian ideals (e.g., the society functions on a first name basis). This poses a dilemma. Do translators distort original intent to conform to Korean norms, or help expose the audience to cultural diversity? In this session, cases involving film subtitling/dubbing will be examined.

Elena Chang is a Korean linguist providing translation, copywriting, interpreting, voiceover, and directing services. She is also a cultural consultant and dialect coach who is proficient in numerous South and North Korean accents. She has completed a number of movie script translations and revisions for lip-sync dubbing and subtitling, including First Man, Spider-Man: Into the Spider-Verse, Spider-Man: Homecoming, Dawn of the Planet of the Apes, West Side Story (50th anniversary release), Olympus Has Fallen, and Alex Cross.

Linguistic and Cultural Pitfalls in Korean Legal Interpretation
by Davi Kim (canceled)

Determining the Degree of Translational Freedom: Translation Approaches for Specific Text Types
by Sieun Lee and Miryoung Sohn

Abstract: Every translator has the same goal in mind: producing a faithful, yet natural translation. As easy as it may sound, the two conflicting elements in this paradoxical statement make the goal seem almost unattainable. For translators who are constantly charged with this “mission impossible,” the question boils down to striking the right balance between fidelity and transparency for each translation project. The speaker will examine different text types and lead a discussion in which attendees attempt to define “faithfulness” in translation and determine what degree of translational liberty one may take for each text type.

Sieun Lee began her career as a Korean>English conference interpreter and translator in 1991. She has worked in diverse settings in government and business. While she has extensive experiences in the legal, medical, and information technology industries, her particular expertise lies in the market research field, where she simultaneously interpreted focus group discussions for numerous multinational corporations. She has master’s degrees in interpreting, translation, and instructional science and technology. She is an assistant professor at the Middlebury Institute of International Studies at Monterey, where she has been teaching since 2010.

Professor Miryoung Sohn has been working as a freelance conference interpreter and translator both in Korea and the U.S. since 1991. She has been a faculty member of the Graduate School of Translation, Interpretation and Language Education at Middlebury Institute of International Studies at Middlebury in California since 2002. She received her BA in Sociology from Ewha Womens University and an MA in Conference Interpreting and Translation from the Graduate School of Interpretation & Translation at Hankuk University of Foreign Studies in Korea. She also holds an Advanced Diploma in Translation and Intercultural Studies from the Universitat Rovira i Virgili.

 

We have much to look forward to, and the KLD is getting closer to establishing a certification program for Korean. Please attend the session regarding its status update, as well as the Annual Meeting, for more information.

More details regarding the Annual Meeting and KLD dinner dates and times will be posted soon, stay tuned!

from Paul B. Gallagher, KLD Administrator

When I tell people I’m a Russian translator, they often, ask, “how long did it take you to learn Russian?” I answer, “I’m not done yet.” Then I add, “I’m not done learning English, either.” After 12 years of higher education and 35 years as a full-time professional, I still have a lot to learn. And that’s one of the things I love about our translation business—that every day, on every job, and even in my spare time, I’m constantly learning.

When I accepted my first paid freelance translation job in May of 1985, I was still in graduate school, and I was in way over my head. Even after studying Russian for 12 years in college and graduate school, I was challenged by every sentence of Памятники древнего Ирана (“The Monuments of Ancient Iran”) to look up unfamiliar words and sometimes even parse unfamiliar grammar. I learned the English word stele (석비, 石碑) for the first time. And that $300 job took me a month. But I took it seriously, I did my best, and I did all the research needed to understand the terms and concepts and express them faithfully and naturally in English. That approach has stood me in good stead ever since.

So how do I learn now, with all that experience?

The most obvious way is by looking up an unfamiliar word in a dictionary, sometimes in several dictionaries. But that isn’t always a complete solution. The best dictionaries usually offer several options for any given word, because different languages divide up the world in different ways. If the English text says “wife,” should the Korean say 아내, 처, 부인, 마누라, 집사람, 와이프, or something else? And if the English says “better half” or “ball and chain,” what then? Of course, Korean isn’t my target language, so I don’t face that particular challenge, but any language pair presents similar ones. For my pair, an excellent source is https://dic.academic.ru/, which is a dictionary aggregator: it submits my search to hundreds of online dictionaries and collects the results in one place. Is there something like that for Korean? Tell us in the comment section.

My second choice, when dictionaries fail me, is to consult professional colleagues whose native language is Russian (if I’m having trouble understanding the source term), or whose specialization is the particular subject field (if I’m having trouble finding a good target term). In both cases, I also search for the source term or candidate target terms in natural texts written by practitioners of that field, so I can see how the word is used in context. And of course the client can sometimes be an expert resource as well: if I’m working for a mapmaking company, they will know cartographic terminology very well.

Another technique I use regularly for English is to look up words in the Online Etymology Dictionary. Knowing a word’s roots and how its meaning has evolved over the centuries helps me understand what the word truly means and how it’s used. It’s also fun recreation. Is there something like that for Korean? Tell us in the comment section.

Most recently, as I study Korean, I’ve invented a couple of odd techniques that have been very helpful. Suppose I’m interested in the word 심 (心). It’s not enough for me to learn that it means “heart.” So I look up 心 (not 심, which is too common) in the Naver Online Dictionary, and I read through all the compounds (관심, 열심히, 점심, 욕심…). I learn all these compounds as a group, and that helps me understand and remember them. Similarly, if I’m interested in a more easily searched word like 열심히, I look that up and read each of the examples aloud, learning how it’s used in context, and after 40 or 50 I have a pretty good understanding. And practicing it this way helps me remember it. But this isn’t just a beginner’s technique: in my working language, Russian, reading millions of words and doing thousands of translations over the years has helped me develop a feel for how their words are used.

Finally, I’ve found karaoke (노래방) very helpful (I do it at home, of course, to avoid torturing my friends). I pick songs I like from dramas I like and learn the words, analyze them so I understand them, and learn to sing them. I remember one song in particular, 꽃향기 from the drama 응급남녀, sung by 임정희 (and also by the male lead 최진혁 as 오창민), because that’s where I first learned the word 방법: “사랑하는 방법을 책으로 알 수는 없는 거잖아.”

What techniques do you use to develop your language skills? Do you use different ones in your source and target languages? Tell us in the comment section.

Every year, there are new and familiar faces at the KLD sessions, and it is great to see everyone. A great “thank-you” to all who helped to organize the sessions, the speakers, and the dinner!

We appreciated Sieun Lee, Miryoung Sohn, and Davi Kim’s sessions, and look forward to many more in future conferences.

If you weren’t able to attend this year’s conference, plan ahead to attend #ATA60 in Palm Springs, CA! More information regarding speakers and sessions to come in the following months—hope to see your contribution there! Come and meet your colleagues and see what’s new in the interpreting/translating world.

December 31, 2018

Dear Korean language translators,

Happy holidays!

The Korean Language Certification Work Group of the American Translators Association (ATA) has been working to establish certification testing for English to Korean (E to K) and Korean to English (K to E) for a long time. As a first step, we submitted a list of potential test takers (58 for E to K and 52 for K to E) and 11 signed letters of intent (letters showing a commitment to train and work as a grader after passing the certification exam) for each language direction to the ATA.

After a careful review, the ATA Certification Committee approved our application for establishing certification testing in Korean>English and English>Korean, which means that two groups now have “in formation” status, pending completion of the remaining steps and the onset of testing.

Moving forward, both E to K and K to E work groups, consisting of 9 initial graders in total, will train and work closely with the ATA Certification Committee by attending orientation sessions and training workshops both online and on site.

We would like to thank everyone for your support and participation so far! If there is any significant progress, we will provide updates at the ATA Conference and through KLD social media.

Sincerely yours,

Jisu Kim

Language Chair

English to Korean Certification Work Group

KLDnewsletter at gmail dot com

 

Vania Haam

Language Chair

Korean to English Certification Work Group

VHaam at instepis dot com

Dear Korean language translators,

The Korean Language Certification Work Group of the American Translators Association (ATA) is very happy to announce that it is working to establish certification testing for English to Korean and Korean to English within the next 4 years. As a first step, we must submit a list of 50 potential test takers for each language direction (English to Korean, or Korean to English) to the ATA. If you are interested in taking the certification exam in the future, please contact either Jisu Kim (for the English to Korean test) or Vania Haam (for the Korean to English test) with the following information by December 15, 2018. You do not have to be an ATA member and are welcome to submit your name for both language directions.

Name:

Language direction (E to K/K to E):

ATA member (Yes/No):

Phone number:

Email:

 

Thank you very much in advance for your participation!

Sincerely yours,

Jisu Kim

English to Korean Certification Work Group

KLDnewsletter@gmail.com

Vania Haam

Korean to English Certification Work Group

VHaam@instepis.com

By Sara Maria Hasbun

 

If you are a translator, language learning will be a lifelong pursuit. Why?

 

• Because language changes. The only languages that have stopped changing are languages that are about to die out. Your job as a language learner is never done, as you must stay up to date on current events, slang, and even semantic drift (slight variations of connotation, context, or meaning).
• Because YOU change. Depending on where you have been living, what you have been reading, and who you have been talking to, your language abilities in both your source and target languages are subject to fluctuation. It is your responsibility as a translator to recognize which parts of your language repertoire need work, and to maintain your abilities!

And while much of your life was probably devoted to perfecting your second and third languages, don’t neglect your native language for too long! Many translators experience language decay in their native languages, because they are too preoccupied with perfecting their target languages. It is very important to make sure all of your working languages are not being neglected.

Here are some great ways to maintain and improve your language abilities:

 

• SPEAKING AND LISTENING

Not all translators need to be fluent speakers or listeners, if they work only with text. However, maintaining basic speaking and listening skills can only help you stay abreast of language changes, as well as help you absorb new vocabulary without having to sit down and study flashcards.

 

1. Italki

I am a huge evangelist for italki, which helps you find a language tutor  for nearly any language in the world, sorted for price, timezone, and teaching competencies. Language classes take place on Skype. With two-way reviews, both you AND your tutor are held accountable for your performance, which does wonders for motivation! I usually choose expensive, highly-qualified teachers when I’m trying to learn a new language, but the cheaper “Community Tutors” if I just want to chat and maintain my languages.

1. Glossika

If you are an interpreter, or just really need to keep up your pronunciation and speaking abilities, Glossika is a browser-based app that presents you with “reps” of commonly-used sentence structures and sounds in dozens of languages. Using their “spaced repetition” method, they present you with sentences at just the right intervals so that you won’t forget them. The next time you need to say a sentence that is similar to any of your Glossika sentences, your tongue’s muscle memory will already know the way!

1. Podcasts

Podcasts are an easy way to squeeze language maintenance into a busy day: listen to them while driving, exercising, or doing chores! If it is hard to find original podcasts in your target language, try looking for the localized versions of Voice of America, BBC, Radio France Internationale, and NHK, all of which offer their podcasts into several languages.

• READING AND WRITING

 

1. Newspapers, magazines, and books

It goes without saying that being a voracious reader is probably the single best thing you can do for your reading and writing abilities. While reading, you will passively absorb mountains of linguistic information, without even needing to think about it, making it the single most efficient strategy advanced language learners can use. Try registering an Amazon account in another country to access Kindle books in several languages, or be sure to stock up whenever you travel!

 

• ADVANCED LANGUAGE COURSES

 

1. Innovative Language

If you are looking for a convenient language course, Innovative Language (creator of SpanishPod101, ChinesePod101, etc.) has extensive course libraries of material going up into the very advanced levels for dozens of languages. Their advanced level courses include dialogues that introduce you to advanced grammar, slang, and culture, while their app lets you follow along with text or create flashcard packs.

1. Online or local literature courses

When I was working on maintaining my French in New York City, I found literature courses at the Alliance Française to be indispensable in keeping me motivated. Look into your local language-learning institutions or universities. Sometimes you can even find university courses online!

 

• VOCABULARY/TERMINOLOGY BOOSTERS

There are several great flashcard apps out there that offer vocabulary for several different levels or specializations of language learning. And of course, as a translator, you can usually look up vocabulary that you don’t recognize in a dictionary. But the more vocabulary you already know, the faster you can translate, and the faster you can translate, the more money you can make! Not to mention that is just very satisfying to recognize a recently-learned word in a source text, right?

 

1. Memrise

A freemium-model app with thousands of packs to choose from, although you can also make your own. Their “streak” model gamifies your motivation and keeps you checking in every day.

 

For more language learning tips, subscribe to Sara Maria’s soon-to-launch blog on language learning, at misslinguistic.com.

Sara Maria Hasbun is the founder and managing director of Meridian Linguistics, a Hong Kong-based language services company, as well as the founder of “misslinguistic”, a language-learning blog. She is currently based in Seoul, South Korea, where she continues to perfect and maintain her language abilities in English, Spanish, French, Mandarin, American Sign Language, Nicaraguan Sign Language, Cantonese, Korean, and Indonesian.

Treating Language as a Strength: The Benefits of Bilingualism

August 30, 2018

1. Being bilingual has positive health benefits on the brain

I recently came across an interesting article on how bilingualism assists cognitive development. The article was written by 
Prof. Zuckermanm, a Professor of Linguistics and endangered languages at the University of Adelaide, Australia. The article explained how being bilingual had its mental health benefits. Over the years, I’ve heard and read about many studies proving that being bilingual can benefit ones health. As if to support these findings, much research suggest that bilingualism can delay the onset of Dementia and Alzheimer’s disease as one example. The articles include that there are additional benefits of being bilingual such as a faster stroke recovery, lower stress levels, to name a few. In fact, people who are natively bilingual actually get dementia 4.5 years later than if you were monolingual. In an age where mental wellbeing is considered a virtue and a way of life, this fact was quite inspiring as a bilingual professional and encouraging. The tedious mental struggles I have on a daily basis proved that it had not passed in vain. Another interesting fact I learned, which comes the second point has to do with concentration. The articles explains, for example, if you were natively bilingual, and you are working in a construction site or noise, the situation were you being interviewed, or giving a talk, or working at the office etc., it’s more likely you as a bilingual are able to concentrate on what you are doing better or/and staying on point with the topic. This has to do with auditory concentration. The final and third point is that you are more cognitively smarter than if you were, yourself a monolingual. Ellen Bialystok and Michelle Martin Rhee at York University in Toronto found that bilingual preschoolers have greater cognitive flexibility—in other words, a superior ability to deal with conflicting visual and verbal information. In other words, young bilingual children show more awareness of how language works and have better social interaction skills.

2. Bilingualism gives you the educational advantage

There are also cultural benefits of bilingualism. For immigrant families and communities, raising bilingual children who can speak the language of their family and friends back in their country of origin preserves important relationships, traditions, and identity. At the same time, highly developed English skills provide the ability to participate fully in “mainstream” American life. For families who speak English at home, developing a high level of proficiency in another language opens doors to other ways of thinking about the world and the possibility of relationships with people in other communities and other countries. It’s no surprise that parents are increasingly asking for bilingual education and that there are waiting lists to get into bilingual programs in some public schools.

3. 
   Speaking more than one language makes you more open minded

Have you ever heard the bilingual quote “To have another language is to possess a second soul” by Charlemagne? One of the benefits of being bilingual can mean that you see the world in different ways. Some even say that speaking two different languages can sometimes feel like having two different personalities. Bilinguals are used to constant change. This means that they are usually less affected by changes in the environment, and more open minded to new things and new experiences, because they have more than one view of the world already.

4. Speaking a foreign language can be highly beneficial when you travel

Of course you can get around many countries without speaking the language. However, think of how much more you can experience if you speak the local language of the place you are visiting. No need for a phrase book or a translation app on the phone. Being able to communicate with the locals and immerse yourself in the language and culture can make your travel experience so much more enjoyable.

5. Being Bilingual opens up new social opportunities

Bilinguals can make friends in more than one language meaning more opportunities to meet new people, and enjoy different hobbies and activities. Being able to communicate with people from other cultures is a huge social advantage and can open up so many more doors in life. Speaking a second language has numerous employment benefits. Being bilingual means that there are more job opportunities depending on which languages you speak. An amazing benefit of being bilingual is that you can learn additional languages more easily that monolinguals. This is because language skills reinforce each other. So if you have learned a second language already, then learning a third means transferring those skills over.

6. You are not the minority if you are bilingual

One of the biggest misconceptions is that bilingualism is a rare phenomenon. But, in fact being bilingual means you are NOT the minority.  More than half the world speaks more than one language on a daily basis. In many countries around the world, bilingualism is actually considered the norm, and I’m sure it won’t be long until the rest of the world catches on. Everyone should have the chance to learn a second language and reap the benefits of being bilingual.

 

*Notes:
The New York Times, “Why Bilinguals Are Smarter” Gray Matter By Yudhijit Bhattacharjee,
March 17. 2012
http://www.professorzuckermann.com/articles

Sunny Yu
Linguist and KLD admin

 

The American Translators Association (“ATA”) has a policy of strict compliance with the federal antitrust laws in effect in the United States. The antitrust laws prohibit certain combinations and agreements among competitors, and members of ATA can be considered competitors in the context of antitrust challenges, even if their businesses (or professional practices) are not in the same geographic areas, professional language fields or specialties. A member’s conduct in connection with all ATA meetings and events must comply with the antitrust laws. The penalties for violations of the antitrust laws can be very severe—not only for ATA, but also for its individual members.

ATA members cannot come to understandings, make agreements, or otherwise concur on positions or activities that in any way tend to raise, lower, or stabilize prices or fees, divide up markets, or encourage boycotts. Members must decide for themselves, without consultation with competitors, how to conduct their business (or its professional practice) and with whom to do business (or engage in professional practice). Specifically, members should not agree on:

• Current or future prices or fees, price or fee changes, discounting, and other terms and conditions of professional service. Members should be extremely careful about discussing prices or fees, including but not limited to translation rates, methods of calculating translation rates, rate levels, future rate expectations, rate projections, markups, discounts, commissions, credit terms, reimbursements for expenses, cancellation fees, compensation for time not worked, compensation for travel time, payments in kind, or any other matters which may affect rates. Agreements on pricing or fees are clearly illegal. Even price or fee discussions by competitors, if followed by parallel action among the competitors on pricing or fees, can lead to antitrust investigations or challenges.
• Allocating or monopolizing territories or customers. Any agreement by competitors to “honor,” “protect,” or “avoid invading” one another’s market areas or professional practice areas would violate the law.
• Refusing to do business with those whose business practices they oppose. Competitors can discuss the policies or practices of purchasers, suppliers, and other third parties, but they must never threaten directly or indirectly to act jointly to enforce changes to their policies or practices. Again, discussions followed by parallel action could at least trigger antitrust scrutiny.
• Creating, compiling, distributing, publishing, or encouraging adherence to any list or schedule of fees, including but not limited to fee reports, fee guidelines, standard fees, or recommended fees.

Discussions of pricing, fees, or boycotts by ATA members could implicate and involve ATA in extensive and expensive antitrust challenges. Officers, directors, and members should not make any representations, publicly or privately, that appear to represent an official policy or position of ATA without the express authorization of the ATA Board of Directors. The U.S. Supreme Court has determined that recommendations or exhortations in antitrust areas by individuals who might appear to represent ATA in some capacity can likewise jeopardize ATA, so those in positions of responsibility for the ATA must be especially cautious.

The antitrust laws are complicated and often unclear. If any member is concerned that he or she may be in a “gray area,” that member should consult with legal counsel or ATA’s leadership. If the conversation among competitors at an ATA meeting turns to antitrust-sensitive issues, participants should discontinue the conversation until legal advice is obtained, or else leave the meeting immediately.

ATA Antitrust Compliance Policy Commentary

Background and Introduction

The ATA policy regarding the discussion of rates was adopted by the ATA Board as a result of a U.S. Federal Trade Commission (FTC) investigation in the early 1990s. The results of ATA’s compensation survey had been published that was subject of an investigation for potential restraint of trade, i.e. the survey was construed to be indicating what translators should charge. The FTC investigation ultimately did not impose any penalties, but the FTC did indicate that it would keep monitoring ATA.

Around the same time, AIIC (International Association of Conference Interpreters) was also subject to an FTC investigation and ultimately issued an order based on FTC allegations that AIIC had violated the antitrust laws and conspired to fix pricing for conference interpreting. The FTC ordered the group to stop publishing and endorsing fee schedules, etc. and non-price aspects. However, the FTC lawyers were unable to make the same case regarding working conditions not related to pricing, e.g. team size, workday length, etc., but AIIC was given a severe warning.

It should also be pointed out that the FTC did recognize that governmental fee schedules can be published, as long as the publication states the qualifications and requirements for a person to be eligible for such a fee.

The reason that the FTC ruling is so often misunderstood is that the ruling does allow associations to discuss rates and business practice, as well as publish compensation reports, but that there can be no agreements or encouragement as pricing or a boycott of a particular business.

There is a slippery slope when discussions on pricing could be alleged to lead to agreements or when survey reports are publicized widely to the point that outside parties believe that certain rates and practices included in survey reports are being “endorsed.” Additionally, any outside party (individual or company) can submit an antitrust complaint to the FTC. Hence, ATA has to be extremely careful about how compensation surveys are conducted and how pricing information or other business plans are discussed among ATA members.

It is important to note that the U.S. antitrust laws apply to all companies and associations, and the FTC has been willing to pursue violators regardless of their industry, size, or revenues. For example, the FTC pursued action against the Music Teachers National Association (other than charities), for including the wording, “[teachers] shall not actively recruit students from another studio” in its code of ethics: this was seen as an anticompetitive practice.

In 2016, ATA’s antitrust compliance policy was revisited by ATA’s counsel and the Board, and updated to reflect a simple and broad policy that reflects best practices for association and is tailored to address issues related to translators and interpreters.

In an effort to make the implications of the policy more concrete, we are providing the following common questions and answers about the policy.

 

---

Examples:

1) Why can’t I discuss my rates on ATA listserves, social media forums, and publications?

While you may legally be allowed to publicize and discuss your rates online, the moderators and editors of ATA listserves and publications must limit these types of discussions to avoid the appearance of any anticompetitive conduct, which may result in liability to ATA or its members. Conversations about member rates can quickly develop into agreements about what interpreters and translators should charge or into agreements on prices or rates, and may lead to potential antitrust violations. It doesn’t matter whether you were advocating for specific rates or not. What matters is whether there is evidence leading governmental regulators (the Department of Justice or the FTC) to conclude that a written, implied, or even oral agreement regarding anticompetitive conduct was entered into. As a result, discussion of rates is generally prohibited from ATA-sponsored publications, listserves, and social media forums in accordance with the antitrust policy. You can still discuss your rates on non-ATA sites and publications, as long as your information does not appear to represent ATA policy. However, you should be particularly careful in this regard, as antitrust violations can lead to civil or criminal penalties, meaning jail.

2) What about listing companies that are bad payers or unethical companies on the ATA website?

ATA can post a list of companies that have violated the Code of Ethics and Professional Practices, and members can individually discuss companies that are reported to be poor payers. However, these discussions could also trigger possible defamation claims based on false, misleading, or negative reports on certain companies or agencies posted by members. In addition, there could be antitrust boycott issues, if these discussions lead translators and interpreters not to do business with certain agencies. Hence, ATA can post the names of companies that have violated the Code, but it is up to the individual members to decide if they still want to do business with these companies. ATA cannot publically advocate boycotting or refusing to do business with any company or agency.

3) What about new translators and interpreters who ask me what to charge? Can I recommend a rate for them?

As a general rule, no. ATA members should not tell other members what they should charge, but all translators should make independent business decisions on such matters. However, ATA does offer seminars, webinars, and other tools (e.g., CalPro) to help members calculate their rates based on their fixed and variable costs. These types of seminars are generally fine because they are not advocating for specific pricing; rather they are helping members establish the basis for their own independent pricing.

4) What about “pricing methods”? Instead of discussing actual numbers, there was a discussion whether translation should be based on the “source word” vs. the “target word.” Or whether editing/translation should be billed hourly.

Discussing the pros and cons of target vs. source vs. hourly pricing is permissible as long as the discussion doesn’t result in agreements among the participants to use a particular pricing method exclusively or advocating for all translators and interpreters to use a particular pricing method.

5) What about payment terms? Net 30 vs Net 45? Or travel reimbursement for interpreters?

Same as above. Discussing the pros and cons of various payments terms or travel reimbursements is fine but be careful to avoid the appearance of a general agreement about what the “standard” payment terms or travel reimbursement policies “should” be. Even if there is no explicit agreement, but “discussion that is followed by parallel action” (e.g., the discussion determines that Net 15 are the best payment terms and all of the members start to use Net 15 payment terms) could be problematic.

6) Does this apply to individual translators or interpreters working on the same project privately agreeing to charge the same amount?

If the client or agency negotiates with a group of translators or interpreters collectively, it is fine for the client or agency to negotiate a specific rate for a particular project. However, if the customer or agency negotiates with translators/interpreters individually, it is not permissible for the translators to collectively agree to a specific rate for the project.

7) What about a team of colleagues trying to recruit direct clients in a specific industry?

It is fine for a translator/interpreter or groups of translators and interpreters to promote their specialization. However, if all of the translators in one group make an agreement not to bid on projects in a specific area, (e.g., all of translators within the “Computer Division” decide not to bid on software localization projects and leave them to the translators in the “Localization Division”) that could be considered anticompetitive behavior. Similarly, if two translation companies or a group of translators make an agreement not to compete in specific areas or for specific customers, that would also be a problem.

This does not apply to “non-compete” clauses that translators or interpreters may be asked to sign to avoid pursuing your client’s customers, because such contractual agreements between two parties to prevent the other party from competing at the same time as working with a party are not considered allocating or dividing markets but rather reasonable restrictions aimed at preventing unfair behavior.

8) Other unions have recommended rates, why can’t ATA?

ATA is not a labor union. For tax purposes, ATA is a 501(c)(6), which is defined as a “Business League” and includes professional and trade associations like ATA. Business leagues are intended to promote common interests within an industry in a neutral manner but are not permitted to engage in collective bargaining to legally establish prices.

9) The federal government posts the rates of federally certified court interpreters. Why can’t ATA?

ATA can certainly refer clients and members to the published rates for federal court interpreters online or to rates posted by any other organization. However, ATA cannot endorse these rates as what interpreters should charge or what clients should pay. ATA can provide information to the government and other corporate clients about rates in the form of e.g. compensation surveys, databases, etc., but the decision of what to pay or charge is up to the respective client and contractor to work out on their own.

10) What about the ATA Compensation Survey? Are those not published rates?

ATA has conducted compensation surveys in the past. However, there are safe harbor conditions established by the government for an association to conduct a compensation survey. The survey must be conducted by an outside party and the data must at least 3 months old before being published. No individual respondent should be identifiable either and the data must be aggregated. The information is provided to members and to the public as a service, but it is not intended to be endorsing specific rates.